UPCOMING CASES - TRIBUNAL ROLL FOR WEDNESDAY, 7 DECEMBER 2016
The hearing starts at 10h00 and will be held at the following address:
The dti Campus
77 Meintjies Street
Mulayo Building, (Block C)
Tel: +27 (0) 12 394 3300
Fax: 27 (0) 12 394 0169
Type of matter
Competition Commission’s recommendation to Tribunal
Competition Commission And Pelchem SOC Ltd
Confirm consent order
Competition Commission and Premium Brands Distributors (Pty) Ltd
Confirm settlement agreement
Pelchem agrees to remove exclusively clauses from its contracts
The Competition Tribunal is being asked to confirm a consent order negotiated between the Competition Commission and Pelchem SOC Ltd, following a complaint about an exclusive supply agreement between Pelchem and Marley.
The Commission received a complaint on 18 December 2013 from Colvic, a company active in fuel storage, management and environmental protection solutions, that Pelchem and Marley had entered into a Joint Development Agreement in terms of which Pelchem is required to only surface fluorinate Marley’s HDPE fuel pipes in South Africa. Pelchem had also entered into similar JDA’s with third parties in which Pelchem would supply service fluorination services for: fuel tanks, HDPE and PP pails/buckets and electric cables respectively.
Pelchem is presently the sole supplier of fluorination services in South Africa. Fluorination is the process whereby fluorine is used to treat various products in order to modify and improve their permeation and adhesion – in Marley’s case to prevent fuel from leaking through the walls of the pipes.
Colvic said the agreements made it impossible for it to supply in that market.
Pelchem has in terms of this consent agreement, undertaken to remove the clauses pertaining to exclusivity in its contacts. This includes clauses relating to the services to third parties for fuel tanks, HDPE and PP pails/buckets and electric cables. Pelchem has also undertaken not to enter into exclusive supply agreements.
Settlement agreement with Premium brand for settling price mark-up
Premium Brand, sole distributor of Nikon in South Africa, has admitted that it coordinated the prices at which the Nikon brand was advertised in a manner which may have contravened the Competition Act.
The Competition Commission received a complaint that Premium Brand had prohibited retailers from selling Nikon cameras at a mark-up of not less than 5% between 2008 and 2012.
The Tribunal is to confirm an agreement, in terms of which Premium Brand agrees not to engage in resale price maintenance and undertakes to implement a policy document to all its distributors informing them on recommended retail prices in relation to Nikon products. Premium Brand will pay an administrative penalty of R300 500.
Communications: Competition Tribunal
Tel (012)394 1383
Cell: +27 (0) 73 007 5603
On Behalf Of:
Registrar: Competition Tribunal
Tel: (012) 394 3355
Cell: +27 (0) 82 556 3221